TERMS AND CONDITIONS

Welcome to Failwall ("Company", "we", "our", "us")!

These Terms of Service ("Terms") govern your use of our website located at failwall.co operated by Failwall.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.

Your agreement with us includes these Terms and our Privacy Policy ("Agreements"). You acknowledge that you have read and understood the Agreements and agree to be bound by them.

If you do not agree with (or cannot comply with) the Agreements, you may not use the Service. Please let us know by emailing refaelburton@proton.me so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use the Service.

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. You may opt out of receiving any or all of these communications by following the unsubscribe link or by emailing refaelburton@proton.me.

Any contests, sweepstakes or other promotions ("Promotions") made available through the Service may be governed by rules separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, Promotion rules will apply.

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, you represent and warrant that: (i) you own the Content and/or have the right to use it and grant us the rights and license provided in these Terms, and (ii) posting your Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain all rights to any Content you submit, post or display on or through the Service. By posting Content using the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. This license includes the right for us to make your Content available to other users of the Service.

Failwall has the right but not the obligation to monitor and edit all Content provided by users.

Content found on or through this Service is the property of Failwall or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or personal gain, without express advance written permission from us.

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

• In any way that violates any applicable national or international law or regulation.
• To exploit, harm, or attempt to exploit or harm minors in any way.
• To transmit any advertising or promotional material, including "junk mail", "chain letters", "spam", or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful.
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service.

Additionally, you agree not to:

• Use the Service in any manner that could disable, overburden, damage, or impair it.
• Use any robot, spider, or other automatic device, process, or means to access the Service.
• Use any manual process to monitor or copy any of the material on the Service without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Service.
• Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service.
• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
• Take any action that may damage or falsify Company rating.
• Otherwise attempt to interfere with the proper working of the Service.

We may use third-party Service Providers to monitor and analyze the use of our Service.

The Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using the Service, you warrant and represent that you are at least eighteen (18) years of age and have the full authority, right, and capacity to enter into this agreement. If you are not at least eighteen (18) years old, you are prohibited from accessing or using the Service.

When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.

You are responsible for maintaining the confidentiality of your account and password, including restricting access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use a username that is another person's name or trademark, or a name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Failwall and its licensors. Our trademarks may not be used in connection with any product or service without the prior written consent of Failwall.

We respect the intellectual property rights of others. If you are a copyright owner, or authorized on behalf of one, and you believe that copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to refaelburton@proton.me with the subject line: "Copyright Infringement".

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service.

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
• A description of the copyrighted work that you claim has been infringed, including the URL where the copyrighted work exists.
• Identification of the URL on the Service where the infringing material is located.
• Your address, telephone number, and email address.
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on their behalf.

Contact our Copyright Agent at refaelburton@proton.me.

You may provide us with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service ("Feedback") at refaelburton@proton.me. You acknowledge and agree that you shall not retain any intellectual property right in the Feedback, and that Company is not under any obligation of confidentiality with respect to the Feedback.

Our Service may contain links to third-party websites or services that are not owned or controlled by Failwall. Failwall has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.

We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.

These services are provided by Company on an "as is" and "as available" basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.

Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises. Except as prohibited by law, if there is liability found on the part of Company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages.

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason, including but not limited to a breach of these Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of these Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity and limitations of liability.

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect. These Terms constitute the entire agreement between us regarding our Service.

We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period.

We may amend these Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the platform following the posting of revised Terms means that you accept and agree to the changes. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

No waiver by Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect.

By using the Service or other services provided by us, you acknowledge that you have read these Terms of Service and agree to be bound by them.

Please send your feedback, comments, and requests for technical support by email: refaelburton@proton.me.